Tom Tom

Barrister: Tom Restall

Call:
2007

Appointments:
Attorney General's Panel of Junior Counsel to the Crown (C Panel)

Education:
Keble Advanced Advocacy Course; Queen Mother Scholarship, Middle Temple; Graduate Diploma in Law, City University; MA Hons, Jesus College, Oxford University

Overview:

Tom enjoys a busy and varied civil practice.

His principal practice areas are:

  • Personal injury and clinical negligence
  • Property, professional negligence and general commercial / chancery
  • Employment
  • Child protection

He is regularly instructed in claims over £100,000 as well as more modest value cases, and those of personal, rather than financial, importance.

His broad practice means that he has experience dealing with - and cross-examining - a wide range of people, from experts, professionals and business people, to vulnerable witnesses.

He is considered to be highly analytical and focused, yet personable and good with clients. He has developed significant advocacy expertise, having appeared in court/tribunal about 1000 times. He seeks to give clear, practical and realistic advice.

He has been appointed a member of the Attorney General's Panel of Junior Counsel to the Crown.

Background

Tom draws on broad legal experience. His past work includes judicial review in the Administrative Court, criminal advocacy in the Crown Court and advising the Metropolitan Police on disclosure in the 'phone hacking' cases. Before pupillage he was Judicial Assistant to the Head of Civil Justice Sir Anthony Clarke MR (now Lord Clarke JSC) and Lady Justice Arden in the Court of Appeal, where he worked on cases ranging from terrorism and immigration matters to high value commercial litigation.

Tom has a degree from Oxford University (he was one of two in his year to go to Oxbridge from his comprehensive state school).

He has previously lived and worked in Australia and Kazakhstan.

Personal Injury, Clinical Negligence and Inquests:

Tom has considerable experience in personal injury litigation. He regularly acts in multi-track cases, as well as appearing before the First Tier Tribunal in criminal injuries compensation cases and before the Coroners Courts for inquests. He is a member of the Personal Injury Bar Association.

Tom has a growing clinical negligence practice and he is a member of the Professional Negligence Bar Association.

Tom keeps up to date with civil procedure more generally. 'The Lawyer' has published opinion and analysis articles by him on the Jackson reforms, such as on the Court of Appeal decision in Denton/Decadent/Utilise (July 2014). Click here to read this article.

Notable Cases

  • Re Multani: Represented HM Prison Service at the 2-day inquest into the alcohol-related death of a new prisoner.
  • A v M: Acted for the Claimant who sustained potentially life-threatening chest injuries following a high speed RTA. He developed two distinct chronic pain conditions as well as an ongoing psychiatric condition. After a 2-day trial with conflicting oral evidence from the parties' pain consultants and written evidence from a further 5 experts, the court preferred the Claimant’s pain expert and awarded the Claimant over £200,000.
  • S v B School: Secured judgment for the claimant science teacher at trial, and then successfully opposed the defendant's Appeal on the correct application of the COSHH Regulations.
  • F v H: Complex brain injury case with 12 experts. Case settled for over £200,000 gross.
  • Re Mr M: Appeared for the family at the 2 day inquest into the death of a voluntary psychiatric patient. Issues included the applicability of Article 2 ECHR in light of the Supreme Court decision in Rabone.
  • Roci v Bagshaw: 3 day RTA trial, allegation that the collision was fraudulently induced as a result of a conspiracy between the 3 claimants.
  • M v S: Difficult case where credibility of claimant in issue after disclosure of surveillance footage. Settled for £181,500 net.

Commercial & Property:

Tom has a particular interest in commercial and property work and is regularly instructed in such cases. His experience extends to contractual disputes, residential and business landlord and tenant cases, neighbour disputes, beneficial interests in land cases, estate agency and letting agency commission claims, lease / licence issues and building disputes. Tom is a member of the London Common Law and Commercial Bar Association.

Tom has recently been appointed as an editor of the Landlord and Tenant Reports, published by Sweet & Maxwell.

Tom also practises in professional negligence work in cases involving a variety of different professionals. His current and recent instructions include claims against engineers, architects and solicitors. He is a member of the Professional Negligence Bar Association.

Tom keeps up to date with civil procedure more generally. 'The Lawyer' has published opinion and analysis articles by him on the Jackson reforms, most recently on the Court of Appeal decision inDenton / Decadent / Utilise (July 2014). Click here to read this article.

Notable Cases

  • STC v F: High Court professional negligence claim for £800,000 against mechanical and electrical engineers and investment surveyors
  • G v C: TOLATA dispute over co-ownership of family home worth c. £350,000 - £400,000, listed for 2 day trial, settled at the door of court.
  • Ford v Olive Tree International Property: Multi-track trial concerning an international property purchase. Involved contractual issues, agency law, trusts law and the applicability of the law of Cape Verde.
  • French v Fletcher: Acted for judgment creditors seeking to enforce against former tenant. 2 day trial on beneficial ownership issue before the Adjudicator to HM Land Registry (just prior to incorporation into the First Tier Tribunal).
  • Re S: On-going solicitors' negligence case in respect of complex and unusual residential conveyancing transaction.
  • Re A: £100,000+ civil fraud claim against former employee.
  • Re M: High Court claim under Inheritance (Provision for Family and Dependants) Act 1975 against estate worth £500,000
  • Kennedy v Chapman: Appeal against a possession order
  • Re S: £600,000 breach of contract claim against local authority.
  • Cosmichome v De Mendonca: 2 day trial concerning alleged surrender of a commercial lease.
  • Re A: £250,000+ dispute relating to sale of a business.

Employment:

Tom enjoys appearing regularly in employment tribunals on behalf of claimants and employers. He has experience in the Employment Appeal Tribunal.

Tom is a contributing author of Remedies in Employment Law, a practitioner text published in December 2013 by the Law Society.

He is a member of the Employment Law Bar Association.

Notable Cases

  • J v A: Secured finding of unfair dismissal despite employee being on long term sick leave with no firm prognosis or expected timescale for a return to work.
  • L v W; R v W: Linked discrimination, protected disclosure and constructive dismissal claims in which Tom acted for the Respondent local authority. Factually complex cases, with evidence from 14 witnesses, the hearing running over a 3 week period, and the parties' written submissions extending to over 120 pages.
  • E v LM: Acted for the Claimant in this unfair dismissal claim. Although the Tribunal found that the Claimant had committed gross misconduct (caught on CCTV), the disciplinary hearing was "so egregiously procedurally unfair that no dismissal based on it could be regarded as fair". The Respondent was a "dysfunctional organisation", such that, had it followed a fair procedure, "almost any decision is within the bounds of possibility".
  • Gould v WBC: Acted for the Respondent in a 4 day disability discrimination and unfair dismissal case. The Claimant had sustained an injury at work causing long term sickness absence. In their 30-page judgment the Tribunal accepted that the Claimant had been fairly dismissed for capability while at the same time had not been 'disabled'.
  • Moghal v Hudda: Acted for the Claimant in her successful appeal to the EAT in a constructive dismissal case. Went on to obtain judgment for the Claimant at the remitted 3-day hearing before the Tribunal.

Family:

Tom undertakes work in a range of family cases. He has particular expertise in Children Act matters including both care proceedings (acting for local authorities, parents and children / guardians) and private law cases. Tom has experience in applications for non-molestation and occupation orders. He is instructed in co-ownership of the family home / TOLATA cases (see also 'commercial & property' above). Tom is a member of the Family Law Bar Association.

Notable Cases

  • Re A: Private law proceedings with allegations of sexual abuse by the Father and of the children being coached by the Mother.
  • Re SK: Applications under the High Court’s inherent jurisdiction for declarations of date of birth and parentage, and for an SGO, in respect of a child who was the victim of human trafficking.
  • K v Prospective Adopters: Successful appeal against refusal of leave to oppose adoption, on grounds that the judge misdirected himself as to what constituted a 'change of circumstances'.
  • LB S v W: Acted for local authority in complex care proceedings with final hearing extending over 12 days.
  • V v B: Acted for applicant father in long running contact dispute with heavy CAFCASS involvement.
  • LB Southwark v S: Acted for the local authority in care proceedings where concerns related to mother's learning difficulties and risk-taking behaviour, neglect, child's sexualised behaviour and father's drug use.
  • LB Haringey v R: Acted for mother in care proceedings brought due to domestic violence. Proceedings concluded with a written agreement and no order.

Contact us

For more information please call our clerks on
020 7832 0500 or Email »

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